Widowed, evicted, failed by the court system

After the death of her husband, Elizabeth thought that because she had helped her husband to buy the 10-hectare plot from its original owner 15 years ago, no-one would displace her. Little did see know that her brother-in-law and his wife were eagerly waiting to get her off the land. She appealed to the local leadership, but without success. Then the death threats began, so she decided to flee to her family home in Chief Chireya Gokwe.

When I was evicted it took me more than five months to believe what had happened to me. I was told not to take anything from the plot, which had more than 20 head of cattle and countless goats and chickens. I left everything except clothes. They said I was free to leave my children, whom they said they were going to take care of, but I refused, said Elizabeth.

My parents told me that I should go and report the case to our local chief who referred me to Kwekwe civil courts because Zhombe was not under his jurisdiction. I tried to present my case but I was told to get a lawyer to represent me. My parents after two weeks sold their goat and gave me the money, which I used as bus fare. I went back and tried to engage a lawyer but he wanted hundreds of dollars, which I will never in my life be able to raise. I decided not to continue with the battle, she said.

Such is the dilemma faced by many widowed or divorced women and their innocent children, who often drop out of school. After hearing this sad story, The Zimbabwean talked to the director of the Zimbabwe Women Lawyers Association, Emilia Muchawa whose organisation has been advocating the separation of family law courts from civil and criminal cases.

Muchawa urged the government to quickly take action for the benefit of women and children. Family law courts deal with divorces, domestic violence and family disputes under customary law. Chiefs are also empowered to try some of the minor family disputes with the most complicated ones being referred to the magistrates courts and the High Court.

What we are saying is that our current procedures are not well known by the people who use them, explained Muchawa. They are also expensive, the forms are complicated and it takes a long time for the cases to be finalised.

At the core of it is wanting to preserve the family unit. Even though families may divorce, they are still related through their children and we want them to separate on cordial terms. We dont want people to be unnecessarily emotionally harassed as a result of going through a family dispute. So its about what we can do to have a procedure in place that makes dealing with family law matters inexpensive, speedy and not traumatic for all the people involved.

The deputy minister for womens affairs, Jessie Majome, said the separation of family law from other courts would provide expertise, such as counselling skills, to officers dealing with family law.

From a psychosocial point of view, the treatment that the countrys courts have been giving to family law results in as continuation of trauma to the affected because the judicial officers do not have much time to really look and address and pay attention to the human beings who come before them, she said.